(A) As used in this rule, "printed materials" means any publication, document or record including, but not limited to, the following: Newspapers, magazines, pamphlets, books, photographs, drawings, and prerecorded magnetic audiotapes.
(1) For purposes of this rule, the term "printed material" does not include either personal letters; or,
(2) Advertising mail as described in paragraph (J) of rule 5120-9-17 of the Administrative Code.
(B) An inmate may receive a reasonable number of printed materials subject to the following limitaitons:
(1) All printed materials are subject to security inspection and review.
(2) Printed materials may be received in reasonable quantities; but only, directly from a publisher or distributor. Inmates may receive printed materials from other sources (e.g., family, friends, etc.) only with the prior approval of the warden or designee
(3) An inmate may not receive or possess videotpaes, compact discs, computer discs, or material in any other form or medium not otherwise authorized by this rule without prior approval from the warden or designee.
(4) Each institution may establish and post regulations setting a maximum quantity of printed material which an inmate may possess
(5) No printed material shall be excluded solely on the basis of its appeal to a particular ethnic, racial, or religious audience.
(6) If any part of a publication or other printed material is determined to be excludable under this rule, then the entire publication or other printed material shall be excluded.
(C) Printed material is excludable if it is deemed to be detrimental to, or to pose a threat to the rehabilitation of inmates; the security of the institution; or, the good order or discipline of the institution. Examples of such material include, but are not limited to printed material:
(1) Which facilitates, encourages, incites, promotes, or instructs in, criminal activity such as rioting or illegal drug use.
(2) Which depicts, encourages, incites, or describes activities which may lead to, the use of physical violence against others.
(3) Which depicts, describes the procedures for, or instructs in the making, using, or concealing of weapons.
(4) Which depicts, encourages, or describes methods of, escape, such as instruction in picking locks or digging tunnels.
(5) Which appears to be written in cipher or code, or that instructs in the use of cipher or code.
(6) Which is sexually explicit material that by its nature or content poses a threat to the rehabilitation of inmates, the security, good order, or discipline of the institution, or facilitates, or encourages criminal activity. Sexually explicit material includes material which:
(a) Depicts or graphically describes genitalia in a state of arousal, such as male erection, or exposure of the clitoris; or,
(b) Depicts or graphically describes homosexual, heterosexual, or auto erotic sex acts including, but not limited to: fellatio, cunnilingus, masturbation, ejaculation, anal or vaginal sexual intercourse or penetration, or manual stimulation of genetalia; or,
(c) Depicts or graphically describes sexual activity involving children; or,
(d) Depicts or graphically describes sexual activity involving sadism, sadomasochism, bondage, or bestiality, or excretory functions; or,
(e) Depicts or graphicaly describes sexual activity which involves an unwilling participant or in which a participant is the subject of coercion; or,
(f) Depicts, graphically describes, encourages, promotes, or incites homosexual activity in the institution.
(g) As used herein, "graphically describe" means to describe a subject in a lurid manner focusing attention of such subject as the primary topic of the printed material.
(D) All printed material is subject to the following screening procedure:
(1) Initially, printed material shall be screened in the institution mail office.
(2) The mail office supervisor shall forward to the warden, or the warden's designee, any printed material which is reasonably believed to be excludable under the provisions of this rule.
(3) As soon as practicable, the warden, or the warden's designee, shall review the forwarded printed material and shall decide whether the printed material may be permitted into the institution or should be excluded under the provisions of this rule.
(4) If the warden or the warden's designee, determines that the material may be permitted into the institution, then the material shall be promptly forwarded to the inmate.
(5) If the warden, or the warden's designee, determines that the material should be excluded from the institution, this decision shall be promptly forwarded to the inmate in writing.
(6) The written decision shall provide a brief explanation of the reasons for excluding the printed material. The explanation shall be sufficient to inform the inmate of the basis for the decision.
(7) The written decision shall also advise the inmate that he/she can either make an appropriate disposition of the printed material in accordance with paragraph (M) of this rule or request review by the central office publication screening committee.
(8) The warden or designee shall maintain a record of such decisions for at least three years.
(E) The inmate may request that the central office publication screening committee review the warden's decision. The inmate shall make this request in writing and shall state any specific objections he/she has to the warden's decision.
(1) The inmate shall forward this request to the warden or the warden's designee, within fifteen days after receiving the warden's decision.
(2) Failure to timely request review of the warden's decision shall constitute acceptance of that decision and the printed material shall be disposed of in accordance with paragraph (M) of this rule.
(F) If the inmate timely requests review by the central office publication screening committee, the warden or designee shall forward the printed material, together with the notice and written decision concerning it, and any written objections submitted by the inmate, to the central office publication screening committee.
(G) The central office publication screening committee shall consist of the following:
(1) A screening committee coordinator who shall be a member of the staff of the division of legal services, and
(2) At least three reviewers, with at least one of the reviewers being from each of the following offices:
(a) The office of prisons,
(b) The office of the chief inspector, and
(c) The division of legal services (who may be someone other than the publication screening coordinator.)
(H) The central office publication screening committee shall consider the institution's reasons for excluding the material, the inmate's objections, and the criteria and standards set forth in this rule in conducting its review of the material. The central office publication screening committee (hereafter referred to as the PSC) shall complete its review within a reasonable time and shall determine whether the material should be excluded or permitted and shall state the basis for that recommendation.
(I) If the PSC, determines that the printed material should not be excluded, then the material shall be promptly forwarded to the inmate requesting the review, through the warden or the warden's designee.
(J) If the PSC, determines that the printed material should be excluded, that decision and the reasons therefore, shall be forwarded in writing to the warden of the challenging institution along with the reviewed printed material.
(K) The warden or warden's designee shall notify the inmate requesting the review in writing of the decision and the reasons therefore.
(L) The director or the director's designee, the regional directors, the warden or the warden's designee may initiate a review by the central office publication screening committee of any printed material for a determination whether the material should be excluded consistent with the provisions and procedures of this rule.
(M) Printed material which is excluded pursuant to this rule may be disposed of in any of the following manners:
(1) Upon the inmate's written request, the property may be destroyed or forwarded to an approved visitor at the inmate's expense.
(2) The property may be returned to the sender or the united states postal service.
(3) The property may be held as evidence.
(4) The property may be disposed of in accordance with rule 5120-9-55 of the Administrative Code.
119.032 review dates:
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.425 , 5120.426 , 5120.427 , 5120.428
Prior Effective Dates: 1/20/73, 10/11/82, 7/18/83